'An assault is committed where the defendant intentionally or recklessly causes the victim to apprehend immediate unlawful personal violence'
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What offence is assault and what is the imprisonment time?
Max imprisonment is 6 months
Assault is a summary offence
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What are the elements to the Actus Reus of assault?
victim must apprehend
victim apprehension must be caused by
defendants act or ommission
it must be immediate unlawful personal violence
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What are the elements to the Mens Rea of assault?
intention to cause victim to apprehend immediate unlawful personal violence
or
reckless as to whether victim apprehends immediate unlawful personal violence
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What does apprehend mean?
it means to be aware of or anticipate rather than being put in fear
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Apprehend
What is the case of R v Lamb 1967?
2 boys playing with a revolver, neither believed gun would go off as the one bullet wasn't in the fire line, gun did go off when he had it against his head
one died other charged with constructive manslaughter, he wasn't liable for assault as victim did
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What conduct could amount to an assault?
holding a gun
raising your fists
holding a knife up
brandishing a knife
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what causation must be established for victim to apprehend?
both factual and legal causation must be established
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what is an assault committed by ?
an assault is generally committed by an act rather than an ommission
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What did the court say about R v Meade and Belts 1823 to do with assault by words?
they were chanting menacing songs and words outside the victims home
court said words were not enough
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What did the court say about R v Wilson 1955 to do with assault by words?
the court said that the words 'Get out the knifes' could amount to an assault
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What did the courts say about R v Ireland 1998 to do with assault by words and what was significant in this year?
defendant made a number of silent calls to the victim night and day, she suffered psychiatric injury
court said here silence can amount to an assault
this was then resolved and the courts said that words can amount to an assault
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What did the courts say about R v Constanza 1998 to do with assault by words?
women split up with a man, he started stalking her, following her home, making threats etc
courts said that words can amount to an assault
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what case proved that words can negate an assault?
What happened in the case?
Tuberville v Savage 1669
defendant was on horse and withdrew his sword and pointed it saying 'If it were not assize-time, i would not take such language from you' (jury in town so i won't hurt you)
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what does immediate mean?
has to be right there and then
there is no assault if the threat amounts to future violence e.g. 'I'm going to kill you next week'
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What happened in the case of Smith v Constable of Woking 1983?
defendant was peering in a teens window at night, she closed the curtains, she called the police,
he argued that he wasn't a threat as there was a wall in between, the court argued that he was liable as he was sufficiently immediate
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What happened in R v Liable 1998 and what was said by courts?
silent phone calls
violence is being immediately applied to the mind no matter where they are calling from, therefore liable
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what is personal violence?
a technical battery
i.e. touching without consent
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what is the mens rea of assault?
mens rea is present where the defendant has intention or is reckless as to the victim apprehending immediate unlawful personal violence
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What type of recklessness is applied within mens rea of assault?
Cunning recklessness is applied in the case of R v Parmenter
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What was the case of R v Parmenter?
defendant threw a baby in the air and caught it, he didn't realise babies heads needed supporting, baby suffered severe injury to its neck
defendant wasn't liable as he did not foresee a risk
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Other cards in this set
Card 2
Front
What is the definition of assault?
Back
'An assault is committed where the defendant intentionally or recklessly causes the victim to apprehend immediate unlawful personal violence'
Card 3
Front
What offence is assault and what is the imprisonment time?
Back
Card 4
Front
What are the elements to the Actus Reus of assault?
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